Sushil vs State of U.P.

Virendra Kumar Dixit, J.—Heard learned Counsel for the appellant and learned A.G.A. for opposite party. Perused the judgment and order of the trial court.

The appellant involved in Case Crime No. 483 of 2007, under Sections 366 and 376 IPC Police Station Rampur Kalan district Sitapur is in Sessions Trial No. 281 of 2009 vide judgment and order dated 07.01.2010 convicted and sentenced as under:

1.Under Section 366 IPC -- 7 years'' Rigorous imprisonment with a fine of Rs. 3000/-.

u/s 376 IPC -- 10 years'' Rigorous Imprisonment with a fine of Rs. 5000/-.

The learned Counsel for the appellant submitted that the prosecutrix was found aged about 20 years on medical examination and this fact was proved during the trial. It is alleged that the prosecutrix remained in the company of the accused for about ten days and travelled to different places and never raised any protest. Co-convict Badloo Prasad @ Pradhan and Ganga Ram alias Madhai have already been enlarged on bail. The case of present appellant Sushil is similar to the co-accused appellants namely Badloo Prasad @ Pradhan and Ganga Ram alias Madhai. Therefore, the present appellant is also entitled for bail on the ground of parity. It was also submitted that it is a case of consent and the appellant was on bail during the trial and never abused the same.

Learned A.G.A. has opposed the prayer for bail of the appellant.

The points pertaining to the nature of accusation, danger of accused absconding or fleeing, if released on bail, position of the convict and severity of punishment, have been duly considered.

Considering the facts and circumstances of the case, perusing the record and considering the allegations, arguments advanced by the learned Counsel for the parties and without expressing any opinion on the merit of the case, the appellant is admitted to bail.

Let the appellant (Sushil) involved in the sessions trial No. 281/2009 arising out of crime No. 483/2007 under Sections 366 and 376 IPC, police station, Rampur Kalan, district Sitapur is released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the condition that the appellant shall not indulge in criminal activities or commission of crime after being released on bail.

However, the total amount of fine of Rs. 8000/- is not stayed. The half of the amount of fine i.e. Rs. 4000/- is stayed and rest half of the amount i.e. Rs. 4000/-shall be deposited by the appellant within one month from the date of his release. In case the appellant fails to deposit the amount of Rs. 4000/- within the stipulated period of one month, his bail shall stand cancelled automatically.

The sentence of imprisonment shall remain stayed during the pendency of appeal.

The learned court below is directed to send the photocopies of the bail bonds of the appellant for keeping it on record.